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Reasons
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(영문) 서울동부지방법원 2014.09.26 2014고정1370
근로기준법위반등
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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative of the Gangdong-gu Seoul Metropolitan Government building, who ordinarily employs three workers and operates building management business.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the defendant is working from January 1, 2010 to October 25, 2013 at the above workplace.

The retirement C’s wage of KRW 600,000 on November 2012, including the wage of KRW 600,000, did not pay KRW 28,950,000 for the total amount of wages of two retired workers as stated in the details of the money and valuables in arrears, without agreement between the parties to the extension of the due date.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant did not pay KRW 3,730,654 in total for retirement allowances of two retired workers as stated in the details of the money and other valuables in arrears attached hereto within 14 days from the date of retirement, which is the date of the occurrence of the cause, without any agreement between the parties on extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of each petitioner of C or D;

1. Application of statutes in a written calculation of average wages and retirement allowances;

1. Article 109 (1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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